Freeths

This Practice Note looks at the evolution of biodiversity law, its background and the key concepts including scientific uncertainty, mitigation hierarchy and favourable conservation status. It is designed to provide practitioners with the context and conceptual tools they will need when dealing with biodiversity law

This Practice Note provides an overview of key international law and international conventions in the area of biodiversity. In particular it covers the Bern Convention and the 1992 Convention on Biodiversity, Sustainable Development Goals 14 and 15, and the Aarhus Convention on access to justice. It is part of a suite of content designed to provide practitioners with the context and conceptual tools they will need when dealing with biodiversity law.

This Practice Note forms part of a suite of content designed to provide practitioners with the context and conceptual tools they will need when dealing with biodiversity law. It focusses on the role of the courts in the development of biodiversity law, and provides examples of biodiversity litigation. It looks at the application of standard public law principles, the margin of appreciation in cases involving scientific, technical and predictive assessments, the weight given to the advice of an expert national agency, the Aarhus Convention and relevant cost caps, and the role of the Office for Environmental Protection in relation to breaches of environmental law and the monitoring of public bodies.

This Practice Note looks at UK biodiversity policy and legislative framework including the 25 YEP, the Environment Act 2021, powers to amend the habitats regulations and other UK biodiversity reports including the Dasgupta Review, 30by30 Pledge, the England Trees Action Plan and the England Peat Action Plan. It forms part of a suite of content on biodiversity and wildlife.

This Practice Note pulls out the key environmental provisions in the EU-UK Trade and Cooperation Agreement (TCA), agreed on 24 December 2020. This includes looking at provisions on climate change and neutrality, level playing field, non-regresssion, energy, sustainable development, allocation of environmental enforcement resources, carbon pricing, cross border pollution, multilateral environmental governance, renewable energy, biological diversity, conserving and sustainably managing marine biological resources, the importance of responsible management of supply chains through responsible business conduct and corporate social responsibility practices, sustainable forest management and fisheries. It provides links to further content on the TCA more generally, as well as scrutiny of the environmental provisions. It also provides some further commentary on non-regression, and details of the bespoke dispute procedure.

This Practice Note explains how to bring a possession claim when a lease or licence has ended, whether residential or commercial. It covers Part 55 of the Civil Procedure Rules (CPR 55), how to prepare the claim, and practical guidance for the hearing.

This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act 1985 (LTA 1985), including the landlord’s power to recover residential service charges, the reasonableness of the demand, the timing of demands and the timing and wording of notices and how to bring an application in relation to service charge demands and recovery before the First Tier Tribunal (Property Tribunal) and the recovery of the landlord’s costs for service charge proceedings.

This Practice Note considers the procedure under section 49(1) of the Law of Property Act 1925 (LPA 1925), by which a buyer or seller of any interest in land may, between exchange and completion, make a summary application to court in respect of any requisitions or objections, any claim for compensation, or any other question arising out of or connected with the contract (other than a question affecting the existence or validity of the contract).The court may make such order as appears just, including an order as to the costs of and incidental to the application. The note also deals with a buyer's rights under LPA 1925, s 49(2) to ask the court to return their deposit in appropriate circumstances.

This Practice Note covers the various situations that a developer may encounter when looking at obtaining vacant possession of a potential development site. It considers the types of occupiers and interests that might be in place, from commercial leases with protection of Part II of the Landlord and Tenant Act 1954, to long-term residents, licensees and telecoms operators, and how those interests may be terminated and vacant possession recovered. As timing is critical to redevelopment, the Practice Note also explains the timing of serving notices and taking action to recover possession, and the importance of ensuring that the developer deals with all the interests on the site.

This counter-notice is for use where an Adjoining Owner has been served with a Party Wall etc Act 1996 notice by a Building Owner who intends to carry out party wall works to an existing wall. It covers the different scenarios where the Adjoining Owner requires the works proposed by the Building Owner to be modified, or some additional works to be carried out for their own benefit.

This precedent is for use when directions are sought in an opposed lease renewal matter under the Landlord and Tenant Act 1954.

This precedent is a set/timetable of standard directions used when there is an unopposed lease renewal of commercial premises, pursuant to the Landlord and Tenant Act 1954.

These drafting notes are to be used to complete a claim form where the tenant of commercial premises seeks a lease renewal pursuant to the Landlord and Tenant Act 1954 and the landlord does not oppose the application. It provides a drafting note for completing Form LT503(LN).

These drafting notes are to be used to complete the claim form where a tenant of business premises wishes to apply for the renewal of a tenancy pursuant to the Landlord and Tenant Act 1954 and the landlord is opposing it.

These drafting notes are to be used in connection with a tenant’s defence of a possession claim made by its landlord using the standard possession procedure under section 21 of the Housing Act 1988. The defence should be completed using Form N11R.

This precedent defence is for use when defending a landlord’s application under section 8 of the Housing Act 1988 seeking possession of residential accommodation let under an assured tenancy, an assured agricultural occupancy or an assured shorthold tenancy and the ground sought for possession is based on the tenant’s alleged non-payment of rent. This precedent is for use in completing Form N11R.

This precedent defence is for use when defending a landlord’s application under section 8 of the Housing Act 1988 seeking possession of residential accommodation let under an assured tenancy, an assured agricultural occupancy or an assured shorthold tenancy and the ground sought for possession is based on an alleged breach by the tenant (other than non-payment of rent). This precedent is to be completed using Form N11R.

These drafting notes are to be used when completing Form N119 particulars of claim in a claim for possession by a private landlord of a property let on an assured shorthold tenancy (AST), following service of a notice pursuant to section 21 of the Housing Act 1988 and the landlord intends to use the standard procedure for possession.

This defence is to be used where a landlord is opposing a tenant’s application for the grant of a new lease (tenancy) under the Landlord and Tenant Act 1954.

This precedent defence is for use by a tenant opposing a landlord’s application to terminate a lease under the Landlord and Tenant Act 1954.